Hello Koch:
Children born in the U.S. to foreign diplomats, for instance, are not granted citizenship. This is due to the principle of diplomatic immunity, under which certain foreign government officials are not subject to the jurisdiction of the courts and other authorities of their host countries, according to the
State Department.
The Department of Homeland Security, however, allows these children to be considered lawful permanent residents from birth if they so choose.
“Registration as a permanent resident under this provision is entirely voluntary, but it does involve an application process,” the
policy manual for U.S. Citizenship and Immigration Services states. “This registration process is necessary and available only if both parents were foreign diplomats when the child was born.”
If one parent was a diplomat, but the other was a U.S. citizen or national, then the child is considered a citizen. Diplomats that have full immunity are listed on the
State Department’s Blue List — which the administration no longer publishes — with children of individuals not on that list receiving citizenship at birth.
Those born on U.S. land that is occupied by a foreign army also do not receive citizenship, as noted by an amicus curiae brief
filed in February by University of California Law professor Vikram Amar in support of the challenge to the president’s executive order. This also applies to those born on “foreign public vessels” in U.S. waters, Amar added.
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